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Thursday, October 23, 2014

Abandonment in Marine ~ & the WI did .... Lankan team fills in

Suddenly there is no Cricket ……. and that is because, the touring West Indies have suddenly abandoned their tour and gone back ! – sudden abandonment due to payment structure dispute between the players and the West Indies Cricket Board (WICB) and WIPA.

In law, abandonment is the relinquishment, giving up or renunciation of an interest, claim, civil proceedings, appeal, privilege,possession, or right, especially with the intent of never again resuming or reasserting it.  In general, to abandon is to give up or renounce. However, the word abandonment is used in different senses in marine insurance.  It may simply refer to the act of physically quitting a vessel, usually when a casualty is in danger, imperilling the safety of those on board. With particular reference to Marine Insurance (MI Act)  - the general concept of abandonment is contemplated when there is a Constructive Total loss (CTL).  According to MI Act, where there is a CTL, the assured may either treat the loss as a partial loss or abandon the subject matter insured to the Insurer and treat the loss as if it were an actual total loss.  Further proviso in the Act states – ‘where the assured elects to abandon the subject matter to the Insurer, he must give notice of abandonment’- if he fails to do so, the loss can only be treated as a partial loss.

For pursuing a claim as CTL, the assured must abandon (the ship or goods) to the Insurer by way of notice of abandonment.  Here the meaning of ‘abandonment’  constitutes the transfer of the subject matter insured from the assured to the Insurer in return for a full indemnity.  Insurers must tread carefully, for acceptance means, they do not only get proprietary rights but also any possible liabilities  !!!

With Srinlankan board accepting to fill the void, Lank are touring India. MS Dhoni has opted out of the first three ODIs against Sri Lanka, citing the need for a break to freshen up ahead of the tour of Australia and the World Cup. Virat Kohli will stand in as captain, and Wriddhiman Saha will be the keeper. Bhuvneshwar Kumar has been rested, making way for Varun Aaron. Sadly Kuldeep Yadav is out without earning an Indian cap.  There has been speak of Rohit Sharma coming back – after continuous failures, he was persisted with, made runs at home and away from homes – struggled making runs, occupying the crease and wasting balls.  Still people say that if he is fully fit, he will walk into the side !! 

For India Vs Srilanka -  dates are yet to be announced, but they will be played in Cuttack, Kolkata, Ranchi, Ahmedabad and Hyderabad. Sri Lanka have left out Lahiru Thirimanne, vice-captain in their previous ODI series against Pakistan in August, from their squad for the first three games of the five-ODI series in India. Uncapped fast bowler Lahiru Gamage, wicketkeeper-batsmen Kusal Perera and Niroshan Dickwella, and left-arm allrounder Chaturanga de Silva  are in the squad.

Board of Control for Cricket in India (BCCI) interim president N. Shivlal Yadav says that in all probability legal proceedings will be initiated against the West Indies Cricket Board (WICB) for pulling out of the India tour after having played just four ODI’s (the team was scheduled to play five ODIs and three Tests). It was an internal problem of the WICB, but  since it meant a huge loss both financially and otherwise, the general mood in the BCCI is to take action for their abrupt move – Shivlal is quoted as saying.  Shivlal said the agreements between the full members for a bilateral series suggests that each Board keeps the revenue generated for hosting the international series and also incurs the costs from the time the visitors arrive till they leave the host nation~ and the loss is reported to be more than Rs. 40 crore per match from television broadcasters.  That way, the BCCI is likely to claim damages of at least Rs 400 crore (US$65 million approx) from the WICB for West Indies having pulled out of the tour to India.  That is a huge sum by any standards !


The BCCI's revenue is primarily generated through broadcast sponsorship, series-title sponsorship, team-title sponsorship, apparel sponsorship, minor share of advertising from host broadcaster, gate receipts and in-stadia advertising. Since the broadcast and series-title sponsorships deals are on a per match basis, irrespective of whether it's a T20, Test or ODI, that income is unlikely to be affected.   The decrease in broadcast revenues will also impact the state associations since the BCCI distributes 70% of it equally amongst the 27 members who participate in the Ranji Trophy.

Srilanka is making a counter claim for hosting the Test series next year. The BCCI, however, is yet to confirm the swap. Cric info reports that by  hosting the three-Test series with India, SLC stands to make around $ 7-8 million, according to Ranatunga. There will be no ODIs or T20Is included in the itinerary. India have not  hosted Sri Lanka for Tests since 2009, and the last time Sri Lanka hosted India for Tests was in 2010, the series that marked the retirement of Muttiah Muralitharan.  The next available slot for a Test series between the two teams, as per the new FTP, is in August 2017  ~ and that portrays the importance for Tests in this T20 era. 

BCCI sternly views the abandonment and is trying to seek punitive damages  in unambiguous language.  At the same breathe, it is stated that this will not prevent WI players from participating in cash-rich IPL in their individual capacity !!  The West Indian Board is furious over the latest strike action by the players, they need to be guided by practicality rather than emotion. The fact that the A team is continuing with its tour of Sri Lanka is an indication that not every West Indies player is dissatisfied with Hinds' leadership of the WIPA. As some jocularly put, there are so many top WI players in the circuit (either in coaching or commentating) – Richie Richardson, Stuart Williams, Clive Lloyd, Curtley Ambrose all associated with the team and Richards, Ian Bishop, Courtney Walsh, Michael Holding on mike – may be a team of theirs could still beat many sides currently playing International Cricket

With regards – S. Sampathkumar

23rd Oct 2o14.

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